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(영문) 춘천지방법원 강릉지원 2016.10.26 2016고단1150

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a person related to B and society, and the defendant's wife borrowed the above B name from Gangseo-si, 2008, and used the passbook and account password of the Nong account (Account Number:D) from B.

The defendant is a person with bad credit standing, and the main point operated by the wife at the time of 2013 was hostile, and the business in which the defendant invested was also fit, and the business in which the defendant invested was also in a situation where it is difficult to cope with the interest of overdue debts and living expenses.

1. The Defendant: (a) committed an act of forging a private document or uttering of a private document with intent to borrow a loan in the name of the said B; and (b) intended to receive and use the loan by requesting a loan in the said name.

On September 6, 2013, the Defendant: (a) entered the form of the loan contract in the E office located in Gangnam-si F by facsimile and entered the name and resident registration number of the said “B” in the debtor column of the loan contract; (b) entered the necessary details, such as “F 0,000,000 won” in the column of the loan amount; and (c) signed B in the name next to the name of the said B.

The Defendant, for the purpose of uttering as above, forged a copy of a loan agreement for cash loan in the name of Section B, a private document on rights and obligations, and submitted it by facsimile to the employee in charge of loan in the name of Section B, the same day.

2. In light of the above economic situation, even if the Defendant borrowed money from a third party, the Defendant was unaware of his/her intent or ability to repay the money. However, in the same manner as the above 1. paragraph (1) around September 6, 2013, the Defendant, who was not the Defendant with bad credit standing, deceiving the employee in charge of loans in the name of the victim (ju), U.S.A. loan, as if he/she was actually given a loan under his/her name, by deceiving the said victim.